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State v. Jones

Court of Appeals of Ohio, Eighth District

July 18, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
DONOVAN D. JONES DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-561081 and CR-562160

ATTORNEY FOR APPELLANT Joseph Vincent Pagano.

ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor Marc D. Bullard Assistant County Prosecutor.

BEFORE: Kilbane, J., Celebrezze, P.J., and EA. Gallagher, J.

JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, JUDGE

{¶1} This appeal is a companion case to State v. Collins, 8th Dist. No. 99111, and State v. Minifee, 8th Dist. No. 99202.

{¶2} Defendant-appellant, Donovan Jones ("Jones"), appeals his drug trafficking sentence. For the reasons set forth below, we affirm.

{¶3} In Cuyahoga C.P. No. CR-561081, Jones was charged in a three-count indictment. Count 1 charged him with drug trafficking, Count 2 charged him with drug possession, and Count 3 charged him with possession of criminal tools. Each count carried a forfeiture of money and a forfeiture of a cell phone specification.

{¶4} In Cuyahoga C.P. No. CR-562160, Jones and codefendants, Devin Collins ("Collins") and Patrick Minifee ("Minifee"), were charged in a 13-count indictment. Count 1 charged each of them with kidnapping, Count 2 charged each of them with attempted murder, Counts 3 and 4 charged each of them with felonious assault, Counts 5 and 6 charged each of them with aggravated robbery, Counts 7 and 8 charged Jones with having a weapon while under disability, Count 9 charged Collins with having a weapon while under disability, Count 10 charged each of them with discharging a firearm on or near a prohibited premises. Count 11 charged each of them with carrying a concealed weapon. Count 12 charged each of them with improperly handling a firearm in a motor vehicle. Count 13 charged each of them with tampering with evidence. Counts 1, 2, 3, 4, 5, 6, and 10 carried various firearm and forfeiture specifications. Counts 7, 8, 9, 11, 12, and 13 carried forfeiture specifications.

{¶5} In September 2012, Jones entered a guilty plea in both cases. In CR-561081, he pled guilty to drug trafficking as charged in Count 1 and Counts 2 and 3 were nolled. In CR-562160, he pled guilty to an amended count of robbery (Count 5), with the forfeiture specifications. The firearm specifications on Count 5 were deleted and the remaining counts were nolled.

{¶6} In CR-561081, the trial court sentenced Jones to 12 months in prison. In CR-562160, the trial court sentenced him to two years of community control sanctions, upon his release from prison in CR-561081.

{¶7} Jones now appeals, raising the following sole assignment of error for review.

Assignment of Error
The trial court erred when it sentenced [Jones] to the maximum term of 12 months in prison ...

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